Township of Penn, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of Penn Township 12-17-1975 by Ord. No. 190 (Ch. 62 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Penalties — See Ch. 1, Art. II.
Building construction — See Ch. 100.
Numbering of buildings — See Ch. 110.
Uniform construction codes — See Ch. 133.
Definitions — See Ch. 142.
Fire prevention — See Ch. 160.
Floodplain management — See Ch. 166.
Mobile homes — See Ch. 200.
Plumbing — See Ch. 218.
Sewers and sewage disposal — See Ch. 245.
Street openings — See Ch. 274.
Subdivision of land — See Ch. 280.
Zoning — See Ch. 325.
This chapter shall be known as the "Penn Township Building Permit Ordinance."
[Amended 6-15-1998 by Ord. No. 535[1]]
The definitions as set forth in Chapter 142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person to build or alter any building or structure in Penn Township without having obtained a permit therefor as herein provided.
B. 
It shall be unlawful for any person to begin any work for the building or alteration of any building or structure unless and until a building permit has been duly issued therefor, provided, however, that in case of a natural disaster occurring at a time when the Township office is closed, emergency repairs may be carried out as necessary, with the permit to be obtained on the next business day.
A. 
All applications for building permits shall be filed with the Code Official on the forms provided for that purpose.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All applications shall be accompanied by a drawing showing the shape, size and dimensions of the lot to be built upon, the size and location of all buildings or structures existing thereon and the size and location of all buildings or structures proposed to be built or altered.
C. 
Such applications shall set forth the name and address of the applicant, the location of the site, the name of the builder and architect, the zoning district (if any), the estimated cost of the proposed building or structure, a description of each proposed building or structure and all other information which may be required to determine whether the provisions of this chapter and all other ordinances of Penn Township have been and will be complied with.
D. 
Within 10 business days after receipt of an application for a building permit, the Code Official must grant or refuse the permit. If the permit is not granted, he must state, in writing, the grounds for his refusal. The applicant may appeal the decision to the Penn Township Board of Commissioners or Zoning Hearing Board, where applicable.
[Amended 6-15-1998 by Ord. No. 535]
A. 
When a building permit is required under § 105-3 of this chapter, the fee for such permit shall be established by resolution of the Penn Township Board of Commissioners. Such fee shall be in addition to any other fee required under any other ordinance of Penn Township as condition to the issuance of a building permit.
B. 
At the time of filing by the applicant of the report of completion hereinafter provided for, the applicant shall simultaneously therewith pay to the Code Official any additional fee based upon any difference between the estimated cost of building or alteration and the actual cost thereof.
C. 
On a permit issued for the moving of an existing building or structure to a different location on the same lot, the fee shall be based upon the cost of such removal.
D. 
On a permit issued for the moving of an existing building or structure to a different lot, the fee shall be based upon the estimated cost of new construction of a building or structure in its completed condition upon the new lot.
A. 
No permit shall be issued for the building or alteration of any building or structure within the right-of-way limits of any street or highway, with the exception of drainage structures, curbing or pavement.
B. 
No permit shall be issued for the building or alteration of any building or structure unless such building or alterations conform to required building setback lines as specified in the Penn Township Subdivision and Land Development Ordinance No. 407 and the Penn Township Zoning Ordinance No. 494, as amended or replaced.[1]
[Amended 6-15-1998 by Ord. No. 535]
[1]
Editor's Note: See Chs. 280, Subdivision of Land, and 325, Zoning.
C. 
No permit shall be issued for the building or alteration of any building or structure unless drainage of the land, as required, is provided for.
D. 
No permit shall be issued for the building or alteration of any building or structure upon land in a subdivision unless and until a final plan of such subdivision shall have been approved and properly recorded.
E. 
No permit shall be issued unless or until any required sewerage permits have been issued.[2]
[2]
Editor's Note: Original Subsection F, pertaining to usable building area, which immediately followed this subsection, was repealed 6-15-1998 by Ord. No. 535.
A. 
All buildings or structures built or altered shall conform to the lines and grades of the streets and highways on which they abut.
B. 
All excavations and ditches shall be kept adequately drained, and all such excavations, ditches, supplies and materials on or about the premises shall be properly protected, screened, shielded or covered and illuminated at night to avoid damage or injury to persons or property.
C. 
All building permits shall be immediately posted by the applicant at a conspicuous place on the premises upon which the work is to be performed, and shall remain posted thereon until completion of the work.
D. 
All building permits shall expire unless the work authorized therein shall have been undertaken with a period of 90 calendar days from the date of issuance, and unless such work shall have been fully completed within a period of one calendar year from the date of issuance; provided, however, that in the case of large or extensive projects the applicant may specify estimated project completion date upon concurrence of the Code Official, on which date the permit shall expire, or the Code Official may extend the time for completion to a period not exceeding two years from the date of issuance.
E. 
No work shall be undertaken or resumed after a permit has expired unless and until a new application has been filed, the fee herein specified has been paid with such new application and a new permit has been issued.[1]
[1]
Editor's Note: Former §§ 62-8, General requirements for flood-prone areas; 62-9, Designation of flood-prone areas; and 62-10, Specific requirements for construction in flood-prone areas, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Within 90 days from or after the date of completion of the work authorized by the permit, the applicant shall file with the Code Official on a form provided for that purpose a report certifying the completion of the work and setting forth the actual cost thereof, and shall pay to the Code Official any additional fee provided for herein.
It shall be the duty of the Code Official to forthwith revoke any building permit issued hereunder if it shall be determined that the same shall have been improperly or wrongfully issued by reason of any false statement in the application, or by reason of any mistake of fact or law, or that the work therein authorized would constitute the violation of any statute or ordinance. Such revocation shall become effective upon the mailing by the Code Official to the applicant at his address shown in the application thereof. Upon such revocation, all work authorized by said permit shall immediately cease and shall not be resumed unless and until a permit therefor has been properly issued.
Upon the violation of any of the terms of this chapter or of any rule or regulation made hereunder, the Penn Township Board of Commissioners may, in addition to any other remedies, institute in the name of Penn Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate any such violation.
A. 
Any person who knowingly commits, participates in or permits the violation of any of the terms of this chapter shall, upon conviction thereof before any Magisterial District Judge in a summary proceeding, be sentenced to such penalties as are provided in Chapter 1, General Provisions, Article II, General Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day that any such violation shall continue shall constitute a separate offense hereunder and shall be punishable as such.
The provisions of this chapter shall not be taken or construed to conflict with or otherwise limit the provisions of any other statute or ordinance imposing any other or greater requirements or restrictions, and in the event of any such duplication, the provisions imposing the greater requirement or restriction shall prevail.